NOTICE OF OBJECT OF ACTION SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF OTSEGO ACTION TO FORECLOSE A MORTGAGE INDEX NO. 20130157 BANK OF AMERICA, N.A., Plaintiff, vs. JEANNETTE YODICE, AND ALL THE HEIRS AT LAW, NEXT OF KIN, DISTRIBUTEES, DEVISEES, GRANTEES, TRUSTEES, LIENORS, CREDITORS, ASSIGNEES AND SUCCESSORS IN INTEREST OF THE AFORESAID DEFENDANTS, NEXT OF KIN, DlSTRIBUTEES, DEVISEES, GRANTEES, TRUSTEES, LIENORS, CREDITORS, ASSIGNEES AND SUCCESSORS IN INTEREST OF ANY OF THE AFORESAID CLASSES OF PERSON, IF THEY OR ANY OF THEM BE DEAD, AND THEIR RESPECTIVE HUSBANDS, WIVES OR WIDOWS, IF ANY, AND ALL OF WHOM AND WHOSE NAMES AND PLACES OF RESIDENCE OR UNKNOWN TO PLAINTIFF, EXCEPT AS HEREIN STATED, AURELlA OSBORN FOX MEMORIAL HOSPITAL, PEOPLE OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA ACTING THROUGH THE IRS, JOHN DOE (being fictitious, the names unknown to Plaintiff intended to be tenants, occupants, person or corporations having or claiming an interest in or lien upon the property described in the complaint or their heirs at law, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors.), Defendant(s). MORTGAGED PREMISES: 133 Old Southside Drive, Oneonta, NY 13820 SECTION 300.14, BLOCK 1, LOT 20.00 TO THE ABOVE NAMED DEFENDANT: You are hereby summoned to answer the Complaint in this action, and to serve a copy of your answer, or if the Complaint is not served with this Summons, to serve a notice of appearance, on the Plaintiff(s) attorney(s) within twenty days after the service of this Summons, exclusive of the day of service (or within 30 days after the service is complete if this Summons is not personally delivered to you within the State of New York). In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. The Attorney for Plaintiff has an office for business in the County of Erie. Trial to be held in the County of Otsego. The basis of the venue designated above is the location of the Mortgaged Premises. Dated this 10th day of November, 2014, Gross Polowy, LLC Attorney(s) for Plaintiff(s), 25 Northpointe Parkway, Suite 25, Amherst, NY 14228 TO: JEANNETTE YODICE, Defendant(s) In this Action. The foregoing Summons is served upon you by publication, pursuant to an order of HON. Michael V. Coccoma of the Supreme Court of the State of New York, dated the 20th day of October, 2014 and filed with the Complaint in the Office of the Clerk of the County of Otsego, in the City of Cooperstown. The object of this action is to foreclose a mortgage upon the premises described below, executed by Jeannette Yodice dated the 25th day of October, 2007 to secure the sum of $100,000.00, and recorded at Book 1538 of Mortgages at Page 1064 in the Office of the Otsego County Clerk on the 14th day of November, 2007; Said mortgage was duly assigned by an Assignment executed September 2, 2011, and recorded on December 1, 2011, in the Office of the Otsego County Clerk at Instrument No. 2011-5575; The property in question is described as follows: 133 OLD SOUTHSIDE DRIVE, ONEONTA, NY 13820 SEE FOLLOWING LEGAL DESCRIPTION ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Oneonta, County of Otsego, State of New York, bounded and described as follows: LYING on the Northerly side of the highway leading from the Old Benedict Blacksmith shop up the Northerly side of the Susquehanna River to and past the premises of John Youngman, and it lies between said highway and the river flat meadow land of said John Youngman and begins for the boundary of the same at a stake and stones at or near the Southwest corner of the said meadow land, at or near the foot of the hill, and also near the roadway leading from the highway aforesaid to said meadowland; RUNNING THENCE on a Southerly course up the hill along the land of D.C. White to the Northerly side of the highway; THENCE Easterly along said highway to the Westerly line or Southwest corner of the house lot sold by said Horace Sessions to John Hackett; THENCE on a Northerly course down the hill along said line of said Hackett house lot and the Westerly line of land lastly deeded by said Horace Sessions of Christian Gonzer to the Southerly line of the meadowland; THENCE Westerly along said line of the meadowland to the place of BEGINNING. EXCEPTING from the above-described premises and the lands heretofore conveyed by Jesse C. Shepard&Luella B. Shepard to Leland S. Benedict by warranty deed dated August 11, 1948 and recorded August 12, 1948 in the Otsego County Clerk's Office in Liber 435 of Deeds at Page 196. HELP FOR HOMEOWNERS IN FORECLOSURE NEW YORK STATE LAW REQUIRES THAT WE SEND YOU THIS NOTICE ABOUT THE FORECLOSURE PROCESS. PLEASE READ IT CAREFULLY. SUMMONS AND COMPLAINT YOU ARE IN DANGER OF LOSING YOUR HOME. IF YOU FAIL TO RESPOND TO THE SUMMONS AND COMPLAINT IN THIS FORECLOSURE ACTION, YOU MAY LOSE YOUR HOME. PLEASE READ THE SUMMONS AND COMPLAINT CAREFULLY. YOU SHOULD IMMEDIATELY CONTACT AN ATTORNEY OR YOUR LOCAL LEGAL AID OFFICE TO OBTAIN ADVICE ON HOW TO PROTECT YOURSELF. SOURCES OF INFORMATION AND ASSISTANCE The state encourages you to become informed about your options in foreclosure. In addition to seeking assistance from an attorney or legal aid office, there are government agencies and non-profit organizations that you may contact for information about possible options, including trying to work with your lender during this process. To locate an entity near you, you may call the toll-free helpline maintained by the New York State Department of Financial Services at 1-877-BANK-NYS (1-877-226-5697) or the Foreclosure Relief Hotline 1-800-269-0990 or visit the department's website at WWW.DFS.NY.GOV. FORECLOSURE RESCUE SCAMS Be careful of people who approach you with offers to "save" your home. There are individuals who watch for notices of foreclosure actions in order to unfairly profit from a homeowner's distress. You should be extremely careful about any such promises and any suggestions that you pay them a fee or sign over your deed. State law requires anyone offering such services for profit to enter into a contract which fully describes the services they will perform and fees they will charge, and which prohibits them from taking any money from you until they have completed all such promised services. 1303 NOTICE NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who has filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. DATED: November 10, 2014 Gross Polowy, LLC, Attorney(s) for Plaintiff(s) 25 Northpointe Parkway, Suite 25 Amherst, NY 14228. The law firm of Gross Polowy, LLC and the attorneys whom it employs are debt collectors who are attempting to collect a debt. Any information obtained by them will be used for that purpose. 300810
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